ACTION: Notice.
SUMMARY: This notice announces the applications by Underwriters
Laboratories Inc. for expansion of its recognition as a Nationally
Recognized Testing Laboratory under 29 CFR 1910.7, and presents the
Agency's preliminary finding. This preliminary finding does not
constitute an interim or temporary approval of these applications.

DATES: You may submit comments in response to this notice, or any
request for extension of the time to comment, by (1) regular mail, (2)
express or overnight delivery service, (3) hand delivery, (4) messenger
service, or (5) FAX transmission (facsimile). Because of security-
related problems there may be a significant delay in the receipt of
comments by regular mail. Comments (or any request for extension of the
time to comment) must be submitted by the following dates:

Regular mail and express delivery service: Your comments must be
postmarked by January 21, 2003.

Hand delivery and messenger service: Your comments must be received
in the OSHA Docket Office by January 21, 2003. OSHA Docket Office and
Department of Labor hours of operation are 8:15 a.m. to 4:45 p.m.

Facsimile and electronic transmission: Your comments must be sent by January 21, 2003.

Facsimile: If your comments, including any attachments, are 10
pages or fewer, you may fax them to the OSHA Docket Office at (202)
693-1648. You must include the docket number of this notice, Docket
NRTL4-93, in your comments.

Internet access to comments and submissions: OSHA will place
comments and submissions in response to this notice on the OSHA Webpage
http://www.osha.gov. Accordingly, OSHA cautions you about submitting
information of a personal nature (e.g., social security number, date of
birth). There may be a lag time between when comments and submissions are received and when they are placed on the
Webpage. Please contact the OSHA Docket Office at (202)693-2350 for
information about materials not available through the OSHA Webpage and
for assistance in using the Webpage to locate docket submissions.
Comments and submissions will also be available for inspection and
copying at the OSHA Docket Office at the address above.

FOR FURTHER INFORMATION CONTACT: Bernard Pasquet, Office of Technical
Programs and Coordination Activities, NRTL Program, Room N3653 at the
address shown immediately above for the program, or phone (202) 693-2110.

SUPPLEMENTARY INFORMATION:

Notice of Application

The Occupational Safety and Health Administration (OSHA) hereby
gives notice that Underwriters Laboratories Inc. (UL) has applied for
expansion of its recognition as a Nationally Recognized Testing
Laboratory (NRTL). UL's expansion requests cover the use of three
additional sites. OSHA's current scope of recognition for UL may be
found in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/ul.html.

OSHA recognition of an NRTL signifies that the organization has met
the legal requirements in Section 1910.7 of Title 29, Code of Federal
Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the
organization can perform independent safety testing and certification
of the specific products covered within its scope of recognition and is
not a delegation or grant of government authority. As a result of
recognition, employers may use products "properly certified" by the
NRTL to meet OSHA standards that require testing and certification.

The Agency processes applications by an NRTL for initial
recognition or for expansion or renewal of this recognition following
requirements in Appendix A to 29 CFR 1910.7. This appendix requires
that the Agency publish two notices in the Federal Register in
processing an application. In the first notice, OSHA announces the
application and provides its preliminary finding and, in the second
notice, the Agency provides its final decision on the application.
These notices set forth the NRTL's scope of recognition or
modifications of that scope. We maintain an informational web page for
each NRTL, which details its scope of recognition. These pages can be
accessed from our Web site at http://www.osha.gov/dts/otpca/nrtl/index.html.

The most recent notices published by OSHA for UL's recognition covered a renewal and expansion of recognition, which became effective on May 8, 2002 (67 FR 30966).

The current address of the UL facilities (sites) already recognized by OSHA are:

UL has submitted an application, dated November 8, 2001 (see
Exhibit 27), to expand its recognition to include a site in Seoul,
Korea, and another application, dated March 15, 2002 (see Exhibit 27-
1), to expand its recognition to include a site in Neu-Isenburg,
Germany, and a site in Veenendaal, Netherlands. The applications
contain information demonstrating that there are adequate procedures,
equipment, and personnel to perform product safety testing and
certification activities at the sites. Those procedures are in general
use throughout UL operations. Also, the application information shows
that all three sites are wholly-owned and operated by UL.

The NRTL Program staff performed an on-site review (assessment) of
the Korea facility on March 11-14, 2002. In the on-site review report,
dated May 23, 2002 (see Exhibit 28), the program staff recommended a
"positive finding," which means a positive recommendation on the
recognition to the Assistant Secretary. However, the Agency delayed
consideration of the application in order to combine it for processing
purposes with the application that had by then been received for the
two additional sites listed above. The NRTL Program staff performed an
on-site review (assessment) of the Netherlands facility on June 11-14,
2002, and an on-site review (assessment) of the Germany facility on
June 18-21, 2002. In each on-site review report, dated September 27 and
30, 2002 (see Exhibits 28 and 28-1), respectively, the program staff
recommended a "positive finding."

OSHA's recognition of the additional sites would not be limited to
any particular test standards. However, recognition of these sites
would be limited to performing product testing only to the test
standards for which each site has the proper capability and programs,
and for which OSHA has recognized UL. This treatment is consistent with
the recognition that OSHA has granted to other NRTLs that operate
multiple sites. In addition, OSHA would permit the sites to use all
eight of the "supplemental" programs, although not all programs would
necessarily be used in the near future. UL's scope of recognition
already includes these programs.

OSHA has described the "supplemental" programs referred to above
in a March 9, 1995, Federal Register notice (60 FR 12980, 3/9/95). This
notice described nine (9) programs and procedures (collectively,
programs), eight of which (the "supplemental programs") any NRTL may
use to control, audit, and accept the data relied upon for product
certification. Such data is not normally generated at the NRTL's
facility or by NRTL personnel. The notice also includes the criteria
for the use by the NRTL of these eight, or supplemental, programs. Any
NRTL's initial recognition will always include the first or basic
program, which provides that all product testing and evaluation be
performed in-house by the NRTL that will certify the product. OSHA does
not consider these programs in determining whether any NRTL meets the
requirements for recognition under 29 CFR 1910.7. However, these
programs help to define the scope of that recognition.

Preliminary Finding

UL has submitted acceptable applications for expansion of its
recognition as an NRTL. As noted above, in processing these requests,
OSHA has performed on-site reviews of the proposed additional three UL
facilities. UL has addressed any discrepancies noted by the assessor
following the reviews, and the assessor has included the resolution in
the on-site review reports.

Following a review of the application files, the on-site review
reports, and other pertinent information, the NRTL Program staff has
concluded that OSHA can grant to UL the expansion of its recognition to
include the Seoul, Korea, the Neu-Isenburg, Germany, and the
Veenendaal, Netherlands, sites listed above. The staff therefore
recommended to the Assistant Secretary that the applications be
preliminarily approved.

Based upon the recommendation of the staff, the Assistant Secretary
has made a preliminary finding that Underwriters Laboratories Inc. can
meet the requirements as prescribed by 29 CFR 1910.7 for expansion of
its recognition. This preliminary finding does not constitute an
interim or temporary approval of the applications for UL.

OSHA welcomes public comments, in sufficient detail, as to whether
UL has met the requirements of 29 CFR 1910.7 for expansion of its
recognition as a Nationally Recognized Testing Laboratory. Your comment
should consist of pertinent written documents and exhibits. To consider
a comment, OSHA must receive it at the address provided above (see
ADDRESSES), no later than the last date for comments (see DATES above).
Should you need more time to comment, OSHA must receive your written
request for extension at the address provided above no later than the
last date for comments. You must include your reason(s) for any request
for extension. OSHA will limit any extension to 30 days, unless the
requester justifies a longer period. We may deny a request for
extension if it is frivolous or otherwise unwarranted. You may obtain
or review copies of UL's requests, the on-site review reports, and all
submitted comments, as received, by contacting the Docket Office, Room
N2625, Occupational Safety and Health Administration, U.S. Department
of Labor, at the above address. Docket No. NRTL4-93 contains all
materials in the record concerning UL's applications.

The NRTL Program staff will review all timely comments and, after
resolution of issues raised by these comments, will recommend whether
to grant UL's expansion requests. The Assistant Secretary will make the
final decision on granting the expansion and, in making this decision,
may undertake other proceedings that are prescribed in Appendix A to 29
CFR Section 1910.7. OSHA will publish a public notice of this final
decision in the Federal Register.

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